Shanavas S. v. District Police Chief, Kollam Rural; Station House Officer, Yeroor; Headload Workers Welfare Board, Kollam District; and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 21[ST] DAY OF MARCH 2022 / 30TH PHALGUNA, 1943** ## **WP(C) NO. 8458 OF 2022** ## **PETITIONER:** SHANAVAS S AGED 37 YEARS S/O SULAIMAN, CHANNATHADATHIL (H), KUDAMURUTTY P.O, ATHIKAYAM, RANNI TALUK, PATHANAMTHITTA DISTRICT PIN - 689711 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF KOLLAM RURAL KOLLAM DISTRICT PIN - 691506 2 THE STATION HOUSE OFFICER POLICE STATION OF YEROOR, KOLLAM DISTRICT, PIN - 691312 3 THE HEADLOAD WORKERS WELFARE BOARD DISTRICT OFFICE, USHUS BUILDING, ANDAMUKKAM, KOLLAM DISTRICT REPRESENTED BY CHAIRMAN, PIN - 691001 4 SANTHOSH AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, PUTHUPARAMBIL HOUSE, ALAMCHERRY, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 5 SATHEESHAN AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, MANGALATHU PUTHEN VEEDU, ALAMCHERRY, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT, PIN - 691312 **WP(C) NO. 8458 OF 2022** **2** 6 UNNI AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, AKASH BHAVAN, PANAYAM, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 7 BABU R AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, VISHNU VILASOM, PANAYAM, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 8 SUNDARESHAN AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, LINI VILASOM, PANAYAM, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 9 SIDHARATH AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, SANTHOSH BHAVAN, PANAYAM, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 10 ANIMON AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, V.V.P HOUSE, PANAYAM, YEROOR P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691312 11 SAJEEV AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, KAYYIL PUTHENVEEDU, PUNCHAKONAM, KARUKONE P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691306 12 VASANTHALAL AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, VISHNU BHAVAN, PUNCHAKONAM, KARUKONE P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691306 13 ANI AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, PULINCHI CHARUVILA VEEDU, PUNCHAKONAM, KARUKONE P.O., PUNALUR TALUK, KOLLAM DISTRICT PIN - 691306 14 SAJI AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, SUBIN BHAVAN, PUNCHAKONAM, KARUKONE P.O., **WP(C) NO. 8458 OF 2022** **3** PUNALUR TALUK, KOLLAM DISTRICT PIN - 691306 ADDL.R15 ADDL.R15 THE ASSISTANT LABOUR OFFICER, PUNALUR, MINI CIVIL STATION, PUNALUR, KOLLAM DISTRICT 691305 IS IMPLEADED AS PER ORDER DATED 21.03.2022 BY ADVS. PUBLIC PROSECUTOR S.KRISHNA MOORTHY K.B.ARUNKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 8458 OF 2022** **4** ## **JUDGMENT** ## This writ petition is filed seeking the following reliefs: _“1) To issue a writ of mandamus or any other appropriate writ or direction, directing the 1[st] and 2[nd] respondents to afford sufficient police protection to the petitioner, his employees and equipment while they operate the felling trees and loading logs in the property covered by Ext.P1 to Ext.P2._ _2) To issue a writ of mandamus or any other appropriate writ or direction, directing the respondents 1 and 2 to take further action in Ext.P3 and Ext.P4 representations within a time frame fixed by this Hon'ble Court.”_ 2. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for the 3[rd] respondent Board as well as the learned counsel appearing for respondents 4 and 5. Though notice had been duly served to respondents 6 to 14, there is no appearance for the said respondents. 3. It is submitted by the learned counsel for the petitioner that the petitioner is being obstructed by respondents 4 to 14 and other similarly situated persons from using mechanized means for the felling and loading of rubber wood logs by the petitioner. It is contended that the dispute is **WP(C) NO. 8458 OF 2022** **5** with regard to the felling of rubber wood logs and the use of mechanical devices for the loading of the said wood logs into the lorries by the petitioner and his specialized workers, who are trained with the work of such felling and loading using mechanized means. 4. The learned counsel appearing for the 3[rd] respondent submits that the area in question is a scheme covered area and in case any manual labour is being engaged by the petitioner, the petitioner has to engage Head load workers who are duly registered under the Act. 5. The learned counsel appearing for respondents 4 and 5 submit that some of the work which is being carried out by the petitioner can be carried out only with human intervention and that party respondents are ready and willing to carry out the loading and unloading activity available with the petitioner without causing any hindrance to the mechanical devices being operated by the petitioner. 6. The learned counsel for the petitioner places reliance on the decisions of this Court in _**Timber Merchant Association, Pala and Others v. Superintendent of Police, Ktym and Others [2016 (1) KHC 841]**_ and in _**Maratt Plantations (P) Ltd and Another v. District Police Chief,**_ **WP(C) NO. 8458 OF 2022** **6** _**Malappuram and Others [2019(4) KHC 803]**_ . It is contended by the learned counsel for the petitioner that there are mechanical devices available for the cutting and loading of the rubber wood logs and that no head load work as such is involved in it. 7. Relying on the observations in _**Timber Merchant Association, Pala**_ referred to above, it is contended that the only human labour required is for tying the timber logs with ropes to the crane for carrying out the loading to the lorries and that the petitioner has trained workers to carry out the said functions. It is submitted by the learned counsel appearing for respondents 4 and 5 as well as learned counsel for the 3[rd] respondent that since there is a dispute whether the petitioner can actually carry out the loading and unloading work without engaging any head load workers, the issue has to be considered by the additional 15[th] respondent. Having considered the contentions advanced, I am of the opinion that since the 3[rd] respondent as well as respondents 4 and 5 raise an issue to the effect that the petitioner would be unable to carry out the activity required in the peculiar circumstances of the instant case and due to the lie of the land, the issue requires a consideration at the hands of the 15[th] **WP(C) NO. 8458 OF 2022** **7** respondent. The 15[th] respondent shall carry out a site inspection with notice to the petitioner and shall decide whether there is any loading, unloading work specifically required to be carried out by the registered pool workers. In case the petitioner is able to carry out the necessary work with the mechanical devices and his own workers who are trained to implement such work, the petitioner shall be permitted to carry out the work. However, in case the help of head load workers is required, the petitioner shall engage registered pool workers as to be decided by the ALO, in accordance with law. Appropriate steps shall be taken within a period of ten days from today, to resolve the dispute and to permit the petitioner to carry out the work. In case the ALO finds that the petitioner is able to carry out the work with the help of the mechanical devices and with his specialized employees, the Station House Officer shall afford adequate protection to the petitioner to carry out the work. This writ petition is ordered accordingly. ## **Sd/-** **ANU SIVARAMAN** **JUDGE** SVP **WP(C) NO. 8458 OF 2022** **8** ## **APPENDIX OF WP(C) 8458/2022** PETITIONER EXHIBITS |Exhibit P1|THE TAX PAID RECEIPT IN THANDAPPER NO.24647| |---|---| ||DATED 17.12.2021 ISSUED BY THE VILLAGE| ||OFFICE, YEROOR, IN THE NAME OF SRI.| ||SASIDHARAN GOPALAN AND HIS WIFE SMT. BABY| ||USHA ARE PRODUCED HEREWITH AND MAY BE| ||RESPECTIVELY MARKED AS EXHIBIT P1.| |Exhibit P1(a)|THE TAX PAID RECEIPT IN THANDAPPER NO.24646| ||DATED 17.12.2021 ISSUED BY THE VILLAGE| ||OFFICE, YEROOR, IN THE NAME OF SRI.| ||SASIDHARAN GOPALAN AND HIS WIFE SMT. BABY| ||USHA ARE PRODUCED HEREWITH AND MAY BE| ||RESPECTIVELY MARKED AS EXHIBIT P1 (A).| |Exhibit P2|THE TRUE COPY OF TAX PAID RECEIPT IN| ||THANDAPPER NO.29674 DATED 26.04.2021 ISSUED| ||BY THE VILLAGE OFFICE, YEROOR IN THE NAME| ||OF SRI. VIPIN AND HIS WIFE SHYNTY| |Exhibit P3|THE TRUE COPY OF THE COMPLAINT DATED| ||03.03.2022 PREFERRED BY THE PETITIONER TO| ||THE 2ND RESPONDENT WITH RECEIPT| |Exhibit P4|THE TRUE COPY OF THE REPRESENTATION DATED| ||11.03.2022 SEND VIA EMAIL ALONG WITH THE| ||PRINTOUT OF THE EMAIL|